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  Warrant signed, now what?

Dated: 19/05/10

1. After the resident magistrate (RM) issues the provisional warrant for the arrest of a fugitive, the director of public prosecutions (DPP) hand-delivers signed and sealed copies of the information and the provisional warrant to the Fugitive Apprehension Team of the Jamaica Constabulary Force. 2. Signed and sealed copies of the information to ground the request, the provisional warrant and the report of the fact of the issue of the provisional warrant of arrest are then sent by the Office of the DPP to the minister of justice. 3. Police officers from the Fugitive Apprehension Team, on receipt of the provisional warrant, embark upon their search for the fugitive. A fugitive who is aware that a warrant has been issued for his arrest can surrender himself to the police. 4. The fugitive must be taken before the RM as soon as practicable after he is arrested. Once the fugitive is arrested, the requesting state has 60 days to submit the full documents referred to as the authenticated documents relating to the case. 5. The minister of justice is notified by the DPP's office when a fugitive is arrested and the requesting state is also notified. 6. A fugitive, on being taken before the RM Court, may waive his or her right to the formal extradition hearing and consent to be extradited to the requesting state. The fugitive can challenge his extradition and subject himself to the full committal proceedings which are conducted like a preliminary inquiry. 7. If, at the end of the hearing, the RM finds that a prima facie case is not made out against the fugitive, the RM is obliged to discharge the fugitive. If the RM finds that a prima facie case is made out against the fugitive, then he is committed to custody for the purpose of being extradited to the requesting state. 8. The RM, in committing the fugitive, informs him of his right to apply to the Full Court for a writ of habeas corpus, seeking his release from prison. 9. A fugitive who is not successful at the hearing in the Full Court can appeal the ruling but the Court of Appeal's decision is final. 10. The minister of justice has the authority to sign the surrender warrant to extradite the fugitive if he loses his legal battle or if the fugitive decides to waive his right to an extradition hearing. If the warrant is not signed within 60 days after a fugitive exhausts his legal remedy, the fugitive can apply to the Supreme Court to be discharged.